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the charges, miranda rights, the public safety exemption, where are we right now on that issue? >> well, the normal rule is that when someone's irsed, they're advised of their rights. you have the right to remain silent. anything you say can be used against you. you have the right to a lawyer. if you can't afford one it will be provided, that sort of thing. if police don't give that warning then they cannot use any statements of the defendant in court. the exception to that is called the public safety exception. it's been extended by judges to terrorism cases. and the idea is that if you need information quickly to preserve public safety, you can ask those questions and still use the responses in court. but that public safety exception rule is limited. it only applies for several hours after fill in the blank. we assume after questioning starts rather than after arrest. probably no more than a day, day and a half. >> where do you come up with that? pete, let me interrupt you there. who has come up with what is the time? is it just, you know it when you see it? >> in terms of the time li
authorities say he does not need to be read his miranda rights. >> right. first of all, let's just remember he may be in no physical condition to answer questions with or without miranda warnings. so his physical condition is the great unknown here which may render this whole dispute about miranda moot. let's assume that he is in a condition to answer questions. usually when someone is arrested, they get miranda warnings, and then they is a choice of whether to answer questions or not. here the government has said when there is an imminent danger to public safety, they can question without miranda warnings. that has traditionally or usually been interpreted to mean a future danger to public safety. the so-called ticking time bomb. tell us what's going to happen in the future, and we're not going to worry about miranda. what makes this an unusual invocation of the public safety exception is that the government is saying there is no more danger. there is no further conspirator out there. the government's position may be somewhat internally contradictory. that's something to keep an eye on as thi
, everyone grows with racle-gro. >>> there was no miranda warning given. that they were claiming a public safety exception. could we get an explanation for that. >> there is a public safety exemption in cases of national security and charges involving acts of terrorism and so the government has that opportunity right now, though i believe that the suspect has been taken to a hospital. >> you heard it right there. no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some kind of in this situation, unexploded bombs. it's important for people to understand, this is not the most extreme move. what you get from this is very limited interrogation and on top of that, it
, this investigation still very much continuing. justice departments saying the suspect will not be read his miranda rights. they are invoking the public safety exception. it's allowed in cases of immediate danger. meanwhile mccain and lindsay graham said dzhokhar tsarnaev should be treated as a potential enemy combatant. they said now that the suspect is in custody is the last thing we should want is for him to remain silent. under a law of war we can hold the suspect to a enemy combatment not entitled to miranda warnings or the appointment of counsel. the older brother, he was killed on friday, and they investigated him at the request of a foreign government, and they did not find any ties to terrorism. and we are joined from london by a counterterrorism expert, and mike sullivan here is a former acting director of the bureau of tobacco, firearms and explosives. let's start with you in london, will. the fbi talked to this man in 2011. it does beg the question, did they miss something when they talked to tamerlan tsarnaev? >> well, it's always very difficult to say. however, having said that, if yo
understand if he is indeed conscious and does survive before reading him miranda rights; is that correct? >> i believe molly line will be talking about that a little bit as well. there is a loophole. there is a way they don't have to. so he was not read his miranda rights to allow to ask questions of him. we don't know if questions have been asked. they may have asked questions of him when he was under the situation he was in, of course being pretty seriously injured. they do believe he is going to make it. that was something, not only important for them to do that because that is what we do in this society but important because of this investigation. last night we were told he was being brought here for treatment. we weren't too far behind the ambulance. as you made your way through boston, you could see many of the businesses reopened. you saw restaurants and bars reopened. at one point there was a small college and 500 students had gone into the streets and blocked off all four lanes cheering, holding signs and as first responders and medical teams came through that had nothing to do
condition. a lot of talk about miranda. michael you prosecuted richard reid the shoe bomber in federal court. how unusual is it to not read miranda warnings? >> case specific. if there is an imminent public safe itty concern they should exercise the miranda exception under public safety and try to get as much information as they possibly can in order to protect the public. i think it is perfectly legitimate under these circumstances. >> judge jeanine: jay, to you when we talk about the public safety exception here. how long is that exception good for are? how long can they go without reading him his rights? >> there is no definitive statement but most people believe it is 48 hours. you a situation here where the distort accused is not conscious are in to even speak so 48 hours. points to a fundamental problem with thinking about mir randiesing. do we want a prosecution or an investigation to determine how deep the terrorist links might be and whether there were additional plans for terror activity. an awful load of weapons that the two possessed. the situation with the travel to russia. all
given all that's transpired over the last week. >> he was not read his miranda rights which a lot of people are talking about today. explain the reason why. >> well, in the law there's what they have called a public safety exception to miranda. everybody knows what miranda is. you have the right to remain silent. anything you say can and will be used against you. the police don't have to say that to you if they are in hot pursuit of something relating to public safety. maybe worried about bombs in this case. they're worried about another plot or something else happening. so under those circumstances authorities do not have to give the miranda warning immediately to a suspect. a lot of people out there saying on the right that they ought not give miranda rights or any other kinds of rights to people who are deemed terrorists. people on the left saying you ought to use the regular court to try to try these individuals. this is an ongoing debate about the law in this country. >> let's talk about the penalty that the younger suspect may face. we're still waiting for charges to be file
are not reading his miranda rights and what this means for you, when we come back. mb luck? or good decisions? ones i've made. ones we've all made. about marriage. children. money. about tomorrow. here's to good decisions. who matters most to you says the most about you. at massmutual we're owned by our policyowners, and they matter most to us. ready to plan for your family's future? we'll help you get there. your doctor will say get smart about your weight. that's why there's glucerna hunger smart shakes. they have carb steady, with carbs that digest slowly to help minimize blood sugar spikes. [ male announcer ] glucerna hunger smart. a smart way to help manage hunger and diabetes. [ children laughing ] ♪ ...is the smell of salt in the air. ♪ it's the sound a seashell makes. [ seagulls calling ] away...is a place that's beyond your imagination, yet well within your means. find your away. for a dealer and the rv that's right for you, visit gorving.com. >>> usa! usa! usa! usa! usa! usa! usa! >> that was the streets of boston and surrounding towns last night, clearly people so excited that
will question him without reading him his miranda rights. we're getting a look at the suspect this morning, a video of tsarnaev, taken during a 2009 wrestling tournament. he's the one wearing the black wrestling uniform there. >>> also, a congressional aide is telling the "boston globe" oversight committees are seeking intelligence or the lack thereof leading up to the boston marathon bombing. for more on the investigation i'm joined by nbc news national investigative correspondent michael isikoff. a good sunday morning to you, mi michael. what are we hearing about the time line when tsarnaev may be charged and the charges he is facing? >> reporter: well, we could see charges against tsarnaev as early as today. i know that federal prosecutors are were preparing them yesterday. actually, we've been told they might come late yesterday afternoon or even last night. they didn't. so it's possible we may now see them this morning. now what that would consist of is not an actual indictment but a criminal complaint backed up by an affidavit most likely from an fbi agent that should have addition a
was read his miranda rights, the 19-year-old charged with one count of using and conspiring to use a weapons of mass destruction of resulting in death. and one count of malicious different stru-- ofproperty, tha maximum penalty of death, federal complain reveals that the tsarnaev brothers were residing in the nation legally, dzhokhar's older brother, tamerlan who was killed friday morning was a lawful permanent resident, one of the two told a carjacking victim thursday night they were the boston marathon bombers, a search of dzhokhar's umass dartmouth dorm room turned up a hat and jacket corne jack y suspect number 2. tsarnaev remains hospitalized at beth israel hospital with gunshot wounds to his head, neck, legs and hands, authorities believe one was sev-inflicted in -- self-inflectioned in a botched suicide attempt. >> canadian authorities announcing in connection with fbi they have broken up a terrorist plot to blow up a passenger train and bridge somewhere between toronto and u.s. border. a ballot they believe had ties to al qaeda overseas. >> the individuals were receiving su
can he be questioned before the public safety runs out, most say 48 hours. once under miranda he is under no obligation to cooperate with authorities. >> remember the number one goal right here is to get inside his head and get whatever intelligence he has with any operatives in the united states to protect the homeland and protect americans inside the united states. >> reporter: speaking this morning on fox news, former u.s. attorney general alberto gonzales suggested being mirandized will not necessarily close off the flow of information from tsnaraev. >> we have something we can give him which is his life. for example, taking the death penalty off the i believe at that. there is possible some kind of deal would be made where he provides information and in exchange for that the government gives him some kind of a plea agreement. >> reporter: gonzalez suspects what may be happening now is in the obama administration is a quote, interagency scrum where some are pushing for a quick mirandizing. others may be advocating a delay so as much information as possible can be garnered, ma
and that led to life in prison. >> john: this brings new elements to us. not being a lawyer, the miranda exception to be used on the suspect only if a terror threat seems emanant. can you explain how that works and has that been tested in court before? >> sure, the public safety exemption to miranda allows the fbi to interrogate without mirandaizeing them an without council. this helps them to determine whether or not there is anyone else in the support structure as tim clemente discussed earlier, if there are any support structure and it does present a potential problem a potential evidentiary problem for prosecution at trial in so far a federal judge could decide certain evidence is not admissible in court. but when you look at the massive amount of evidence that has been amassed in this case it's unlikely that they would not be able to get a conviction. it makes sense that they would proceed on this basis empty with the concern of a possible international connection. >> and they miranda mirandaized tim mcveigh but they didn't have as much and he didn't present as a foreign threat. i'v
reading him miranda rights. what does that mean for any information they might be getting? >> well, it's very important to the people -- we've been talking a lot about miranda and i think it's important for people to understand what it does and doesn't mean. if you are questioned without your miranda rights, all that means is that the statements you make cannot be used against you in a criminal court. they can be used against other people. they can be used as leads to other inquiries. and you can still be prosecuted with lots of other evidence. all it means is that those statements cannot be used against you. from what it certainly appears there is lots of other evidence against this fellow. so the fact that the government might be giving up the chance to use some of it is not much of a sacrifice on the part of the government. >> he also at this point could indicate he wants an attorney and doesn't want to answer any questions, correct? >> absolutely. even when someone doesn't get miranda rights, the statements still have to be voluntary. he can't be tortured. he can't be waterboarded.
decided not to read the suspect his miranda warnings and rights. what advantage does that give them now? >> as it was being discussed last night, he is still entitled to his miranda rights. what it means any information they collected before giving that warning cannot be used in court against him. but they probably have a ton of data already. they probably don't need a confession, and they don't need questions that lead to evidence for the prosecution, because they have the video evidence and they have forensic evidence, and i am sure they have dna evidence now because there has been blood and a fight. so they are more interested in trying to get information for him to identify whether there are any more accomplices or relationships to foreigners. >> is there anybody else out there? >> of course, that's question number one. and for the information gathering they are doing now is totally separate from the case they will be making in court. >> they are trying to piece together not just the last few days but in some cases the last year, or more than a last year, and one of the questions is
be read his miranda rights. moving past the politics of it because it seems to get a little poe lit kal, as a former member of fbi how does whether or not the suspect is read his miranda rights influence or impact your investigation? >> it really becomes irrelevant. good report-based interviewers and interrogators who are the ones most effective. the fbi doesn't do that because we're nice. we do that because it worked. in reported based interviewers miranda they can read that and continue. it is not a major obstacle. it is almost irrelevant. jenna: really? we're hearing a it is a major issue whether we get to the bottom of this investigation. so what should we consider as we continue to hear the debate ongoing over the next several days? >> it doesn't, it really doesn't make that much difference to the interviewers and especially the particular group of profile he is -- profilers they developed at quantico, at the fbi academy. this is not terribly relevant. they can sit down with the people. they can interview them. they look for behavioral cues. they look for a way to establish a relat
tsarnaev the 19-year-old surviving suspect be interrogated. should he get his miranda warnings against self-incrimination. tried in a is civilian court or military tribunal. before we go there let's start with the latest from the scene and why craig and a i immediately recognized the pressure cooker bombs. we have seen them many times before. here is craig's crime time report. >> reporter: the quiet streets of watertown became a war zone as the boston marathon bombers made their last stand here. homes can be seen riddled with bullets. this black mark from a pressure cooker bomb, one just like the one that was used to kill three people, wounding 180. >> there was two cars. black suv and a green looked like honda accord. had some bags that he was one of the guys was lighting things and throwing them. had fuses and they would explode but you also lots of shoot going on. >> brothers dhokhar 19 and 26-year-old tamerlan starr tsarnaev add to the marathon death toll, killing police officer shawn collier in cold blood. >> the police officer that was killed you said it was a massacre. >> assassinati
suspect as enemy combat tant. remember, he wasn't read his miranda rights. what would it mean? and why is it important? the constitutional attorney will weigh in on this when we come back. morning, brian! loveour passat! um. listen, gary. i bought the lt one. nice try. says right here you can get one for $199 a month. you can't believe the lame-stream media, gary. they're all gone. maybe i'll get one. [ male announcer ] now everyone's going to want one. you can't have the same car as me, gary! i'm gett' one. nope! [ male announcer ] volkswagen springtoberfest is here and there's no better time to get a passat. that's the power of german engineering. right now lease one of four volkswagen models for under $200 a month. visit vwdealer.com today. the battle of bataan, 1942. [ all ] fort benning, georgia, in 1999. [ male announcer ] usaa auto insurance is often handed down from generation to generation because it offers a superior level of protection and because usaa's commitment to serve the military, veterans, and their families is without equal. begin your legacy. get an auto-insurance
today at his hospital bedside and read his miranda rights, that was an important moment in this test. because while there is more to this test than this moment, we did learn in this moment they are going to try this guy according to our laws and values, as a sloppy criminal he is alleged to be. joining me at the table the ferelli. it's great to have you both here. so i refer to unnamed troll, republican senators who were calling for enemy combatant to be applied to this 19-year-old suspect. i want to play a little bit of sound from senator lindsey graham who was probably the most outspoken about this. take a listen. >> i believe our nation is at war. the enemy is radical islam, defined as the taliban, al qaeda, and affiliated groups. the question i have regarding this case is there any association between these two individuals and the groups i just named to allow enemy combatant status to be conferred upon the suspect in boston. >> don, you and i were talking about this a lot last week as the investigation was unfolding. >> right. >> what is your reaction to that? >> i -- it seems to
not get his miranda rights. >> among of group of republicans calling for the boston bombing suspect to be considered an enemy combatant. that means he would not have the same constitutional protection as a regular citizen, with regard to what he says as the investigation moves forward. will this happen? california congressman, a senior member of the intelligence committee. congressman, always good to see you. i know that you disagree with the congressman and think that the suspect is in custody. is entitled to his miranda rights. why? >> well, i think the administration is handling it exactly correct. there is a public safety exception under the miranda allowing law enforcement to interview him, making sure there are no other bombs, threats, perpetrators still out there giving the law enforcement flexibility to do the that prior to miranda and i think the court will interpret it broadly and give them the time they need to make sure that the public is safe. after that, he will have to be mirandized, doesn't mean the end of cooperation, but no basis yet to conclude they should be trea
gathering purposes since he's been president. when we read these people their miranda rights and give them a lawyer the only way you can gather intelligence is if the terror suspect and the lawyer will allow you to do so. intelligence gathering through plea bargaining is not going to make us safe. jenna: so we spoke to a former member of the fbi on our show yesterday that seems to not have a problem with miranda rights, that is their opinion. we'll see what they get as far as information from this one suspect. >> can i mention something. jenna: please. >> i don't have a problem with miranda rights. this man can only be tried in federal court. he's never eligible for military commissions. a first year law student could convict this person. what i'm worried about is what does he know about future attacks? he's telling us that his brother was the bad guy, he's sort of just along for the ride. they had no international connections. guess what, he's down-playing his involvement. what i am suggesting is that we use the national security legal system where we can interview him without a lawyer to
's miranda rights. they said he could still pose a threat either because there are more bombs planted out there or he's connected to a larger terrorist cell. either way it has some lawmakers concerned. as investigators continue to interrogate their suspect some lawmakers argue he should be treated as an enemy combatant and denied an attorney for the time being. >> we should be allowed her intelligence-gathering purposes. >> investigators say they're still uncertain whether zocor and his brother tamerlan who died in a shoot-out on friday with police have any ties to fore te union issued a statement saying we must not waver from our tried and true justice system even in the most difficult of times. denial of rights is un-american and will only make it harder to obtain fair convictions. some liberal lawmakers agree and said they would be comfortable with tsarnaev being designated as an enemy combatant. >> i don't believe. it would beunconstitutional to >> it carries its own risk especially if that suspect is an american citizen. it could be challenged in court and that
is remote. >> right. you know, judge, a lot of people h ve been talking about miranda, the public safety exception. i don't want to spend a lot of time on that. but, you know, when the police announced that the public threat was over, once dzhokhar was taken into custody, doesn't that suggest that the public safety exception doesn't kick in, or has been solidified? >> the public safety exception is in no way applicable in this case. that was for a situation where there was a gun in a public place and the police needed to know where it was. they asked the guy they just caught where's the gun before where was the gun? >>> they asked where is the gun. >> be that as it may you have a public defender in boston who is chomping at the bit to appoint a federal judge to defend the suspect. you could reassign a public defender is he or sheable to come in and say i don't want you talking to my client? >> he or she can say that. it's not going to stop this trying to do is to collect intelligence. i'm sure that if that's what they're trying to do, they will simply continue to do it, and gather only
in the decision. but they detoured not too far over. >> the decision not to read him his miranda rights even though at one point you see him getting out of the boat, in that picture he is conscience. how did that decision come about? >> this is a federal case involving a terrorism situation and i was not aware that in the federal system there can be a removal or a discontinuation of miranda rights in emergency situations. so that's exactly what happened. the united states attorney's office advised us not to administer miranda rights. we gave that information out to our officers and i think all law enforcement was operating under those rules of engagement. >> back to the apartment real quickly. there were devices found in the apartment but you can't comment on what? >> no, i didn't say that. i can't comment on any evidence that was found there. sglp anything that was found in the apartment. are you confident that these two were acting alone and that there are no more suspects out there? >> i'm confident that they were the two major actors in the violence that occurred. i am very, very sure th
's before he gets the miranda rights. the fact that he can't speak right now, does that push back that window of time because they're not getting anything from him? >> that's a good question that i won't speculate on without a legal background. i'll leave that one up to the master pete williams. but i can imagine there's got to be some sort of gray area there that some lawyer could look at. on that point, though, i think it's interesting, where we've gone now from, alex, is we've gone from this, all right, what exactly happened, to these real sort of questions surrounding the national security of this country, and how exactly these two individuals were able to go forward with what they ultimately accomplished. so this morning, sort of around that point, talking to folks related to the house homeland security committee, they say they really want to sort of get this investigation rolling on why these two individuals seem to have slipped through the u.s. intelligence community, especially after that information reported yesterday that the russians were concerned about the older broth
ginnis in boston. thank you, susan. >>> for now federal officials have decided not to read tsarnaev his miranda rights. miranda rights inform criminals of their right to remain silent and their right to an attorney. this is allowed on a limited basis when the public may be in immediate danger, and there are those like senator lindsey graham who say tsarnaev should be consideredn enemy combatant so he can waive his right. others disagree. >> there's plenty of evidence. they don't need it to get him into a trial. i don't think we have to cross the line and say he's an enemy combatant which could be challenged in court. one circuit rules one way, one rules the other way. >> we should reserve the right to look at him as an enemy combatant and continue to look for evidence and if we find evidence and go to him as chuck says and gather intelligence. >> now the suspect's mother says tamer lan was contacted by fbi. the fbi says that is not true but the fbi did interview him in 2011 at the request of the russian government. officials are focusing on a trip he made to russia in 2012. sky news's katie sta
this suspect, they'll read the miranda rights and all of that. they're going to try to find out if this individual who has now been arrested acted alone as a so-called lone wolf or was part of some broader conspiracy, walk us through what the fbi is about to do. >> sure. well, wolf, they will -- they will take him into custody, they will give him his miranda rights because they want to be sure any statement the individual may make is admissible in court during the prosecution. if the individual agrees to talk, there will be -- they will take a statement and they will also likely confront him with forensic evidence and things that they have learned, photographs, they will ask him to identify how he constructed the bomb, how he knew to construct the bomb, who, if anyone, he worked with, who he communicated with, they'll want to -- they will want to make sure to take when he's arrested any cell phones, blackberries, pocket litter, pieces of paper, notebooks he may have on him and they'll want to have him retrace for them his steps. they will then send other investigators out to try
been officially given his miranda rights. meanwhile and of those victims one was buried today in. >> reporter: one week after the bombings several the suspects word acted the suspects acted alone and it was to the reason for the bombings was due to religious beliefs. earhart was finally read his miranda rights. john r. san his one word no when asked if he could afford an attorney. he is alert and mentally competent and aware of the circumstances that he is facing. also malicious destruction of property with an explosive device if convicted he could face the death penalty. tamara has communicated by using rioting. he was held up in a boat last friday. gerard 26 year-old brother use of the marathon bombing that killed three people injured over a hundred and 70 people and including carjacking and that engaging in a shootout and kill in the off. kill with police under bridge droll over while flame. the kid rush of when asked if he can afford lived in the united states for 10 years. just last year in is unclear he was doing in rush the court has resulting in death. yet or did he have
with the questions out receiving miranda warnings but the only downside is that his statements may not be used against him at trial. this is not much of a risk when you consider the other available evidence including photo images of him at the scene of the bombings and his own reported confession to the victim whose car he helped hijack during the last week's terror in boston. . but if your concern is over the larger threat in who the tsarnaev brothers were and are, what they did and what they represent, then worry a lot. for starters, you you can worry about how the high-value intergage group or h.i.g., will do its work. that unit was finally put in place by the f.b.i. after so-called underwear bomber tried to blow up the airplane in which he was traveling as it flew over detroit on christmas day, 2009. and was advise of his mir and da rights. the c.i.a. interrogation program that might have handleled the interview had by then been dismantled by president obama. at the behest of such muslim brotherhood affiliated groups as the council on american islamic relations, and the islamic society of
to know and interrogate him at this point without reading him his miranda rights. i want you to meet a former deputy assistant director of the fbi's counterterrorism division. you handled practically every high profile case of bombing that we've seen in this country, including the unabomber case and the olympic bombing. thanks so much for being with us. >> good morning, jamie, you're welcome. >> we had chance to talk in the middle of the night the other night. >> we did. >> now we can reflect. we have the suspect in custody. it seems to me this is a huge investigation still, even though there's tons of evidence. you have multiple crime scenes, multiple devices, and a million questions. what will the fbi want to know first? >> well, now the investigation really gets underway, and we talked last night in the middle of the night about the search for the subjects, but now we're really going to focus in on how did these people live? how did they exist? what were they doing in the months and the years preceding these bombings, and particularly in the weeks and days before they actually com
-value suspects is standing by to question him. officialsofficials have said thl not read him his miranda right, invoking the rare public safety exception. dozens remain hospitalized. the death toll is 3 people from the bombing and 1 others wiewbed. they are also believed to have shot a police officer, marking a forth killing. "fox news sunday" is right after america's news headquarters, and there will be more on boston police commissioner. the investigation enters a new phase as agents focus on getting answers from dzhokhar tsarnaev to questions like and how why and continuing to investigate whether anyone else was involved. michael sullivan is very familiar with these kinds of investigations, he is a former u.s. attorney who prosecuted would-be shoe bomber richard reid. thank you for joining us today. >> you're welcome, shannon. >> shannon: put on your legal cap for the first couple of questions. how do you think it's appropriate to best treat the suspect to really bar future legal challenges against any information that the government could get from him at this point and stay within the conf
-called public safety exception to the miranda rule where for some period of time, it's not entirely clear how long, a suspect can be questioned without miranda warnings and that apparently is what's happening here. again, it's complicated somewhat by the fact that we didn't know exactly what tsarnaev's medical condition is and how many questions he can answer. apparently he's answering some questions in writing. so i don't really see lindsey graham's proposal as all that differentwhat's going on now. he seems to suggest a longer process of questioning him, but the obama administration has also committed to some period of questioning. now, this all assumes that he's willing to answer questions. can he always samp simply say it answering questions and there is no way either under enemy combatant rules or in the criminal justice system to force someone to answer questions who doesn't want to answer them. >> the argument i guess is under this limited questioning period before he is formally advised of his miranda rights, he has and right to an attorney, doesn't have to answer any questions. there
with american citizens. it allows the justice department to delay reading a suspect his miranda rights if doing so is in the interest of -- quote -- "public safety." the administration had rightly invoked this public safety exception in the case of the boston suspect which provided our national security professionals a discreet period of time to gather intelligence from the suspect without the presence of his lawyer. however, soon after questioning him this way, the administration recently reversed itself and read the suspect his miranda rights. in doing so, the administration, in my view, gave up a valuable opportunity to lawfully and thoroughly question the suspect for purposes of gathering intelligence about potential future terrorist plots. whether we will be able to acquire such information has now been left entirely at the discretion of the suspect and his lawyer. put simply, the suspect has been told he has the right to remain silent, and if he doesn't want to provide intelligence, he doesn't have to. is this a responsible balance between a citizen's rights and our national security? the
with recovering right now. he's now arrested he was not read his miranda rights. federal agents electing, instead, to invoke the public safety threat exemption. th allows them to continue questioning him. meantime, on the other side of the police tape, as everything was happening here, of the celebrations were building. people were huddled around radios, as they got news they wanted to hear, cheers went out from the people of this little town, watertown. and after it was all done, a great cheer went out and spontaneously the people elected toine both sides of the road. forming a gauntlet, a makeshift parade as the emergency crews and tactical teams started leaving this location. they cheered for them, came out with patriotic songs. some of the people said they're glad it's over, they're glad that the suspect survived because he can be questioned. they also said that now is the time to remember people like sean collier, the massachusetts institute of technology campus policeman who was killed in the early stages of that frenzy and chase that ensued a day or so ago. and richard donohue who is fight
he was taken out of the boat. >> no miranda warning could you explain that? >> the fbi may want to explain that in a federal issue. >> had the boat then searched earlier in the day? >> know it had not. rights no miranda warning. >> there is a public safety exemption in cases of national security and potential charges involving acts of terrorism. the government has the opportunity right now, though i believe the suspect has been taken to a hospital. thank you. >> [indiscernible] >> this is still an ongoing investigation. we will be reviewing all of the evidence. before that canada decision is made, in terms of whether or not to seek the death penalty, you review all of the evidence and it is a very thoughtful, on process that is engaged. it is the attorney general of the department of justice that make that final decision. >> [indiscernible] straight to the boat. can you talk about what happens when you are on the scene, was he moving around? how did you know there was a chance to take him into custody ? >> we know he did not go straight to the goat area on the set up a perimete
of people have been talking about miranda and the public safety exception. i don't want to spend a lot of time on that. when the police announced that the public threat was over, once dhokhar was taken into custody, then, you know, doesn't that suggest that the public safety exception doesn't kick in or has been nullified? >> the public safety exception is in no way in my view applicable in the case. that was designed for a sequestration where there was a gun in a public place and the police needed to know where it was. >> judge jeanine: he had an empty who willster an holesters where is the gun. now, if a judge agrees to assign a public defender, is he then able to come in or she and say i don't want you talking to my client? >> he or she can say that. it is not going stop this process. because what they are trying to do is to collect intelligence. and i'm sure that if that is what they are trying to do they will simply continue to do it and gather only in it tell against and not disclose it to anybody who is working on the case or trying the case. they will put up what is called a ch
noth get his miranda rights. even though right now there's a public safety excmondtion thado going t in 48 hours and then he can >> that is what happened to the marathon bomber. he was a foreign citizen. he was read his miranda rights. muitics say the intelligence enm committee as to how the plot develops. bom he is now in super max. i r > officers and federal ey wthorities take him alive tis unlike his brother who perished in the fight they were trying hard becey wse they wanted to ay the questions as they go forward to speaght r > he is an american citie inn. he can't be sent to guantanamo a bay he can't be tried in a co military cowas rission. cases there are cases where americans were deemed enemy combatants. pl hosea padilla for one but in the case of him they have not found any link to an al qaeda linked group and therefore no court in the u.s. would necessarily rily uphold the president as r in commander-in-chief in designating him as enetinue ould combatant. this would be shaky i am told by experts.lleged even if he is deemed an enetinu he watant he has a right to an attorna
to interrogate him without reading his miranda rights. the suspect's brother was killed by police earlier on friday. >>> china was hit by an earthquake this morning killing at least 124 people. it struck around 8:00 this morning. the death toll is expected to rise higher. the quake was a magnitude 7 and hit the hills of leshan county forcing people to run into the streets. medical teams are responding to the thousands injured. >>> a man convicted of setting a fire at a school in 2010 has been sentenced. kliefert guiang was sened to 10 years in prison yesterday. lazarus reville police was given an 8-year sentence. both punishments include a 4 year enhancement. a new two-story classroom facility was opened at the start of this school year. >>> it is just about a quarter after 7:00. the beginning of a beautiful day. just the beginning of it. >> yeah, pretty lousy week last week. you know, this weekend we've got some nice weather to get out and enjoy things a bit out here in california. we have temperatures that are going to top 80s in some parts of the inland areas. only 60s along the shorel
administration has agreed to delay a reading of his miranda rights under a public safety exemption, secretary of defense chuck hagel has not seen evidence to link the bombings to terror groups. scrutiny turns to the fbi who reportedly questioned the older brother tamerlan in 2011 at the request of a foreign government. this is so interesting. of russia. the fbi told the a.p. despite interviewing him and relatives they did not find any activity. the agency dropped the ball. richard, i wonder if there is going to be a lot of questions and maybe even hearings out of this or what comes to mind just knowing those basic facts? >> there probably will be hearings of the fbi whether it learned more or could have done more. critics say that is monday morning quarterbacking. it ought to be about what we were talking about, what can we do to prevent or identify young people who are radicalized and how did we respond and how what did we learn about lockdowns. as the military would say it ought not to just focus on fbi. it's much bigger and much broader. we have to learn a lot from this. the reason is this
. they didn't give a miranda warning so the aclu is shouting about that. and of course, well-known southern bell lindsey graham, why isn't he being treated as an enemy combatant? that one to me -- >> what about benghazi? >> shut up. >> stephanie: i'll always have benghazi. it is my terror. no. >> i would never go thirsty again. i'll have another mint julep thank you. >> stephanie: the legal expert i heard this weekend said this is a nonstarter to treat him as enemy combatants. did he a crime on u.s. soil. >> peter king said this. >> i believe -- should be portrayed as enemy combatants. senator mccain, senator graham, senator ayotte, there are so many questions unanswered so many potential links to terrorism here. the battlefield is now in the united states. i believe he is an enemy combatant. ultimately, he will be tried in a civilian court and the statements taken from him cannot be used against him in that trial. right now, the only links we have as much as chechnyan involvement in the islamic movement. are there other conspirators out there? where do they get the radicalization? >> he so
news tsarnaev will not be given a miranda warning when he's physically able to be interrogated after receiving medical treatment. instead, the official says the government will invoke a legal rule known as the public safety exception. that will allow investigators to question tsarnaev without first advising him of his right to remain silent and be afforded legal counsel. president obama used his weekly address today to praise law enforcement and those involved in tracking tsarnaev down. >> americans refused to be terrorized. ultimately, that's what we'll remember from this week. that's what will remain, the stories of heroism and kindness, resolve and resilience, generosity, and love. >> authorities caught up with the suspect after a tip from a watertown resident. he was hiding in a boat parked outside a home. he is now in a boston hospital and nbc's ron allen is joining me from there. ron, with a good afternoon to you, let's get the very latest on his condition. are you getting word from the hospital or are they staying somewhat silent on that? >> reporter: absolutely silent, alex.
dzhokhar tsarnaev to investigators, we do not know if that was before or after he received his miranda warnings or before or after he obtained counsel. that's an excellent point. one of the things we do know that he is saying apparently is that it was his brother tamerlan who was the mastermind here. is that something that could be helpful to his defense if he was merely following his brother? >> well, it will be helpful to his defense in the sense of mitigating the penalty that he might end up suffering. from what i've read and what i've seen, he's clearly as culpable as his brother. the videos that they picked up, and the statements that he made to the driver of the suv, all would indicate that he was a willing participant in this crime, and also the fact that he fled from the scene would further indicate his willingness to participate in this crime. however, any influence that he might have suffered from his brother, his brother's influence on him, may again go to mitigate any penalty that might be imposed upon him. whether he ends up getting the death penalty or whether he ends up
department official says tsarnaev will not be read his miranda rights because the government is invoking a public safety exception. that exception is triggered when police have an objectively reasonable need to protect the police or the public from immediate danger. tsarnaev will be questioned by a special federal interrogation team for high-value suspects. >> president barak obama and republicans used their weekly addresses to celebrate the resolve americans demonstrated after the attack on the boston marathon. in the address obama emphsized that "the world witnessed one sure and steadfast truth: americans refuse to be terrorized." >> ultimately, that's what we'll remember from this week. that's what will remain. stories of heroism and kindness; resolve and resilience; generosity and love. in the days to come, we will remain vigilant as a nation. and i have no doubt the city of boston and its surrounding communities will continue to respond in the same proud and heroic way that they have thus far - and their fellow americans will be right there with them every step of the way. may god b
charges carry the death penalty as a maximum sentence. tsarnaev was read his miranda rights in a brief bedside session in the intensive care unit at boston's beth israel hospital. the appearance began when a magistrate judge asked a doctor whether he was alert saying you can rouse him. according to a transcript of the appearance, tsarnaev nodded for times to questions but spoke just one word. when asked can you afford a lawyer, he answered simply -- no. the government says it has photographic evidence placing tsarnaev and his brother at the scene of the bombings as well as physical evidence tying them to the attacks. in the complaint the fbi says that at 2:38 p.m. on the day of the bombings, 11 minutes before the first bomb went off, a surveillance camera shows dzhokhar and tamerlan tsarnaev walking toward the boston marathon finish line with backpacks. then a surveillance camera mounted on the restaurant nearby captures crucial pieces of evidence. seven minutes before the first bombing the video which still hasn't been released shows dzhokhar walking toward the second bombing site. th
should happen to boston bombing suspect dzhokhar tsarnaev. >> miranda warnings is probably a tem pet pest in a teapot here. the 2013 lexus gs. this is the pursuit of perfection. it's easy to follow the progress you're making toward all your financial goals. a quick glance, and you can see if you're on track. when the conversation turns to knowing where you stand, turn to us. wells fargo advisors. where you stand, turn to us. ♪ beep beep what?a score alert ♪if you set your phone to vibrate ♪ ♪ then it might alert your button flies all the ♪ ♪ girls and the guys wanna keep that credit score ♪ ♪ high like a private jet free-credit-score-dot-com ♪ ♪ don't forget! narrator: offer applies with enrollment in freecreditscore.com [ female announcer ] from meeting customer needs... to meeting patient needs... ♪ wireless is limitless. ♪ from finding the best way... ♪ to finding the best catch... ♪ wireless is limitless. ♪ hwelcome back.. nice to see you again! hey! i almost didn't recognize you without the suit. well, this is my weekend suit. weekend getaways just got b
should be given their miranda rights. host: if he is not given his miranda rights then they cannot use anything he talks to them about in a trial should this case goes to trial. caller: that is correct. said everybody should be given their rights. even the people in gitmo. that is how america works. talkedhe president about the court procedure that will be following this arrest of dzokhar tsarnaev. [video clip] >> that american spirit means staying true to the unity that makes us strong. blogs,ng tweets and there is a temptation to latch on to any bit of information and sometimes jump to conclusions. when a tragedy like this happens, when public safety is at risk and the stakes are so high, it is important we do this right. that is why we have investigations. that is why we relentlessly gather the facts. that is why we have courts. that is why we take care not to rush to judgment. not about the motivation of these individuals. certainly not about entire groups of people. after all the one thing that makes america the greatest nation on earth, but also one thing that makes boston such a
. they'll question him without evoking the miranda rights. >> that's a bit controversial. files chargesed perhaps as early as today. charged with using weapons of mass destruction, he could be facing the death sentence. . >> we have team coverage this morning and we start with abc's byron pitts in boston. good morning, byron. >> reporter: good morning, bianna. six local boston churches will hold an interfaith service later today. meantime, law enforcement is focused on suspect number two, here at beth israel hospital. this morning, police and federal agents are anxiously waiting to question the man who sparked nearly a weeklong man hunt. overnight this new video was released showing that final tense showdown, stun guns exploding as police move in to get dzhokhar tsarnaev. he's in serious but stable condition. his injuries preventing him from speaking. >> i think i and all of the law enforcement professionals are hoping for a host of reasons, that the suspect survives. because we have a million questions. >> reporter: questions like, was there anybody else involved? in his and his brother'
? rather you walk through a miranda warning, someone has a chance to step back, what's this about an attorney? what's this about a right to remain silence? you need to protect the public. you need that information. >> do you believe that young man h y to facthat pelt >> given the nathese crimes, i would say the answer to that is yes. >> the city of boston is angry, justifiably. and that anger is unlikely to dissipate very quickly. so, can he get a fair trial in that city? >> very difficult to move a trial. the legal standard essentially no jury in this city will be able to look fairly on this evidence. very high standard. i believe he will face trial in boston. >> michael garcia, thank you. appreciate it. >> thank you. >>> as investigators peer deeply into the lives of the bombing suspect, they will look at what happened in a remote and dangerous part of russia, visited not long ago by the older brother. he apparently came back a changed man. and abc's kirit radia is there tonight. >> reporter: last year, tamerlan traveled here, to dagestan, a region home to an islamist uprising.
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